Raj Kumar Ranjan vs State Of U.P. And Others
2011 Latest Caselaw 5246 ALL

Citation : 2011 Latest Caselaw 5246 ALL
Judgement Date : 18 October, 2011

Allahabad High Court

Raj Kumar Ranjan vs State Of U.P. And Others on 18 October, 2011

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 60308 of 2011
 

 
Petitioner :- Raj Kumar Ranjan
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- S.Shekhar,V.K.Singh
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner is working as Technical Assistant. As per the Government Order dated 17.7.2006, the terms and conditions of the service of the petitioner provides that on the visit to Gram Panchayats the Technical Assistant is entitled for Rs.500/- per Gram Panchayat per month. The petitioner visited 34 Gram Panchayats.

The contention of the petitioner is that he has visited 34 Gram Panchayats and raised a bill of Rs.1,70,000/- upto the period February, 2007 to June, 2007, out of which a sum of Rs.85,000/- has been paid by Cheque No.746005 dated 24.1.2008. In view of the audit objection by the impugned order dated 15.8.2011, the aforesaid amount paid is sought to be recovered in view of the subsequent Government Order dated 3.9.2007.

Learned counsel for the petitioner submitted that by the Government Order dated 3.9.2007 the earlier Government Order dated 17.7.2006 has been cancelled with prospective effect and not with retrospective effect and, therefore, the petitioner is entitled for the allowances upto 2.9.2007 under the Government Order dated 17.7.2006 and, therefore, the recovery of the aforesaid amount is patently illegal. He further submitted that the amount has been paid in accordance to the Government Order and no case of misrepresentation or fraud has been made out and, therefore, the recovery is illegal.

Prima facie, there is substance in the argument of learned counsel for the petitioner, which requires consideration.

Learned Standing Counsel may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

Till the next date of listing, the operation of the order dated 15.8.2011 passed by the Joint Commissioner Development, Vindhyachal Mandal, Mirzapur, Annexure-10 to the writ petition, shall remain stayed.

Order Date :- 18.10.2011